SHORELINE MANAGEMENT PERMIT ACTION SHEET. Brian Miller 340 W. Marine View Dr. Orondo, WA

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1 SHORELINE MANAGEMENT PERMIT ACTION SHEET Application #: Administering Agency SP Douglas County Transportation and Land Services Type of Permit: Shoreline Substantial Development Action: Approved 0 Denied Date of Action: May 24,2016 Date Mailed to DO EIA G Pursuant to Chapter RCW and the Shoreline Master Program of Douglas County, a permit is hereby granted to: Brian 340 W. Marine View Dr. Orondo, WA To undertake the following development: a shoreline substantial development for the installation of a ground based boatlift adjacent to an existing joint use dock. Upon the following property: Lot 3 of the Golden Delicious Short Plat and being located within the Northwest Quarter of Section 12, Township 26N., Range 22 E., W.M., Douglas County, Washington. Within 200 feet of Columbia River and/or its associated wetlands. The project will be within a shoreline of state-wide significance (RCW ). The project will be located within a Rural Conservancy designation. The Douglas County Shoreline Master Program IS applicable to this development. Development pursuant to this permit shall be undertaken in conformance with the following terms and conditions: 1. All conditions imposed herein shah be binding on the "Applicant," which terms shall include the owner or owners of the property, heirs, assigns and successors. 2. The project shall proceed in substantial conformance with the plans and application materials of file submitted on March 8, 2016 except as amended by the conditions herein. 3. The applicant shall comply with all applicable local, state and federal regulations. 4. A copy of this permit and attached conditions shall be kept on-site and provided to the contractor and all others working within the shoreline area at all times. The applicant, contractor, machinery operators and all others working within the shoreline area shall have read this permit and attached conditions and shall follow its conditions at all times. SP f6

2 5. The boatlift shall be marked with reflectors, or shall be otherwise identified to prevent unnecessarily hazardous conditions for water surface users during day or night. Documentation shall be provided to the County. 6. The dock shall be permanently marked with name, ad:iress, telephone number and date of installation. Documentation shall be provided to the County. 7. The project application shall proceed consistent with the Fish & Wildlife Habitat Management and Mitigation Plan prepared by Grette & Associates, dated February Where necessary, a permanent means of irrigation shall be installed for the mitigation plantings that are designed by a landscape architect or equivalent professional. Said design shall meet the specific needs of riparian and shrub steppe vegetation. 9. Mitigation planting as shown on the mitigation planting plan sheet 5 of 5, dated February 26, 2016 shall be planted upon completion of the installation ofthe boatlift. 10. A performance surety agreement in conformance with Title 14, D.C.C. shall be entered into between the property owner and Douglas County Transportation and Land Services prior to commencing work. Douglas County must approve quotes for the cost of installation, delivery, plant material, soil amendments, irrigation, seed mix and necessary monitoring visits and reports by the biologist of record and Washington State sales tax. 11. The mitigation site shall be maintained to ensure the management and mitigation plan objectives are successful. Maintenance shall ensure 80% survival during the 5 year monitoring period and shall include corrective actions to rectify problems, include rigorous, as-needed elimination of undesirable plants; protection of shrubs and small trees from competition by grasses and herbaceous plants, and repair and replacement of any dead plants. 12. A five year monitoring period shall commence upon placement of the planting materials and irrigation system. A performance surety agreement in conformance with Title 14 of Douglas County Code shall be entered into between the property owner and Douglas County Transportation and Land Services. Douglas County must approve quotes for the cost of installation, delivery, plant material, soil amendments, permanent irrigation, seed mix, and 3 monitoring visits and reports by a qualified biologist, and the quotes shall include Washington State sales tax. 13. Onsite monitoring and monitoring reports shall be submitted to Douglas County Transportation and Land Services 1 year after mitigation installation; 3 years after mitigation installation; and 5 years after mitigation installation. Monitoring reports shall be submitted by a qualified biologist, as defined by Douglas County Code. The biologist must verify that the conditions of approval and provisions in the fish &wildlife habitat management and mitigation plan submitted by Grette & Associates, dated February 2016 have been satisfied. 14. Sequential release offunds associated with the surety agreement shall be reviewed for conformance with the conditions of approval and the management and mitigation plan. Release offunds may occur in increments of 1/3 for substantial conformance with the plan and conditions of approval. If the standards that are not met are only minimally out of compliance and contingency actions are actively being pursued by the property owner to bring the project into compliance, the County may choose to consider a partial release of the scheduled increment. Non-compliance can result in one or more of the following actions: carryover of the surety amount to the next review period; use of SP-J6-03 Page 2 of6

3 funds to remedy the nonconformance; scheduling a hearing with the Douglas County Hearing Examiner to review conformance with the conditions of approval and to determine what actions may be appropriate. 15. Where a condition imposed herein may be found inconsistent with the requirements of the Washington State Department offish and Wildlife, HPA Permit, or permitting issued by the United States Army Corps of Engineers, the Douglas County Land Services Director shall have discretion to allow for project redesign consistent with the approvals granted by said agencies; if the redesign can be found consistent with the Douglas County Code, the Shoreline Master Program, and the Shoreline Management Act. 16. Construction of the project for which this permit has been granted must be commenced within two (2) years of the effective date of this permit. Authorization to conduct development activities granted by the permit shall terminate five (5) years from the filing date ofthe permit. FINDINGS OF FACT 1. The applicant is Brian, 340 W. Marine View Dr., Orondo, WA. 2. General Description: An application for a shoreline substantial development permit for the installation of a ground based boatlift adjacent to an existing joint use dock. 3. The property is described as Lot 3 of the Golden Delicious Short Plat and being located within the Northwest Quarter of Section 12, Township 26N., Range 22 E., W.M., Douglas County, Washington. The Douglas County Assessor's Number is The Comprehensive Plan Designation is Rural Resource 5 Acres. 5. The subject property is located in the RR-5 zoning district. 6. The Columbia River Shoreline section of the subject property is designated as "Rural Conservancy" by the Douglas County Shoreline Master Program. 7. WAC establishes minimum review criteria for Shoreline Management Substantial Development Permits. This criteria states that a substantial development permit shall be granted only when the development proposed is consistent with the policies and procedures of the Act, the provisions of this regulation, and the applicable master program adopted or approved for the area. 8. A fish and wildlife habitat management and mitigation plan dated February2016 was performed for the project by Grette & Associates. 9. The installation of a boatlift will impact the aquatic environment. A fish and wildlife habitat management and mitigation plan has determined that a total of 125 square feet of aquatic habitat will be disturbed by the installation of the boatiift. Appendix H, Chapter (G) requires a ratio of 1: 1 to mitigate for disturbance in the Aquatic Habitat. The plan proposes 305 square feet of riparian vegetation plantings to meet the mitigation requirement for disturbance of habitat. 10. A planting plan is proposed on page 5 of5 of the diagrams in the Fish & Wildlife Habitat Management and Mitigation Plan. SP-J6-03 Page 3 of6

4 11. The mitigation proposed in the Fish and Wildlife Management and Mitigation Plan meets the requirements ofthe Douglas County Regional Shoreline Master Program. 12. Comments from reviewing agencies have been considered and addressed where appropriate. 13. Douglas County issued a Determination ofnon-significance on May 4,2016 in accordance with WAC (Optional DNS). 14. Surrounding property owners were given the opportunity to comment on the proposals, can request a copy ofthe decision, and can appeal the decision subject to the requirements outlined in DCC Title Proper legal requirements were met and surrounding property owners were given the opportunity to comment on the proposal at a public hearing. 16. WAC requires that construction must be commenced within 2 years ofthe effective date of the shoreline permit and that authorization for construction shall terminate 5 years after the effective date of the shoreline permit 17. As conditioned, the development will not adversely affect the general public, health, safety and general welfare. 18. The Douglas County Department of Land Services recommended approval of the requested permit, subject to recommended conditions of approval. 19. An open record public hearing after legal notice was held on May 19,2016. Appearing and testifying at the hearing on behalf of the applicant was Jay Dirkse of Grette Associates. Mr. Dirkse testified that he was an agent authorized to appear and speak on behalf of the applicant and property owner. Mr. Dirkse testified that he had reviewed the proposed Conditions of Approval and that the applicant had no objection to any ofthem. 20. No member of the public appeared at the hearing. 21. At the open record public hearing, the entire planning staff file was admitted into the record. 22. Public agencies with potential jurisdiction over this project were given an opportunity to review the proposal. Agencies that responded with comments were admitted into the record and considered by the Hearing Examiner in rendering this Decision. 23. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. CONCLUSIONS I. The Hearing Examiner has been granted authority to render this Decision. 2. As conditioned, the development meets the goals, policies and implementation recommendations as set forth in the Douglas County Countywide Comprehensive Plan and the Douglas County Shoreline Master Program. 3. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. SP Page 4 of6

5 4. As proposed, revised, and conditioned, potential impacts of the project can be mitigated. 5. Public interests will be served by approval of this proposal. 6. As conditioned, the proposal is consistent with Title 18 "Zoning" and Title 19 "Environment" of the Douglas County Code. 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. This permit is granted pursuant to the Shoreline Master Program of Douglas County, as amended, and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project, but not inconsistent with the Shoreline Management Act of 1971 (Chapter RCW). This permit may be rescinded pursuant to RCW (7) in the event the permittee fails to comply with the terms and conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT SHALL NOT BEGIN NOR IS AUTHORIZED UNTIL TWENTY-ONE (21) DAYS FROM THE DATE OF FILING AS DEFINED IN RCW (6) AND WAC , OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW (5)(a)(b)(c). Substantial progress toward construction of the project for which this pem1it has been granted must be accomplished within two (2) years of the filing date of this permit. Authorization to conduct development activities granted by this permit shall terminate five (5) years from the filing date of this permit. Approved this 24th day of May, Anyone aggrieved by this decision has twenty-one (21) days from the "date of receipt" as defined in RCW 43.21B.001 to file a petition for review with the Shorelines Hearings Board as provided for in Washington law. SP-\6-03 Page 5 of6

6 THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT Date received by the Denied This conditional use/variance permit is approved/denied by the Department pursuant to Chapter RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date Signature of Authorized Department Official SP-J6-03 Page 60f6